Black Americans Made Up 83% of 2025's Marijuana Arrest Rise
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Forty-one states have legalized marijuana in some form. Yet in 2025, U.S. marijuana possession arrests went up for what FWD.us calls the first time in at least a decade.
Black Americans took the brunt of it. By the group's count, they accounted for 83% of the national increase in marijuana arrests, including 9,201 of the 11,091 additional possession arrests.
One caution before the numbers. They come from an advocacy group's analysis of FBI data, and I'm reading them through secondary coverage. This piece attributes each figure to its source, and where counts conflict, it says so.
Key takeaways
- FWD.us reports marijuana possession arrests rose from 190,182 in 2024 to 201,273 in 2025, and Black Americans accounted for 83% of the increase.
- The Black arrest rate was 182 per 100,000 versus 41 for white people, more than four times higher, despite similar use rates.
- The rise is concentrated in states without legalization, with eight southern states accounting for 75% of the national increase.
What the FWD.us Report Found

Marijuana possession arrests rose by about 9,200 for Black Americans from 2024 to 2025, nearly six times the increase of roughly 1,600 for White Americans.
FWD.us, a criminal justice and immigration reform advocacy group, released a report called Arresting Progress. It analyzes public arrest data from the FBI's Crime Data Explorer for 2025, the first full year of President Trump's second term.
The headline number: marijuana possession arrests rose from 190,182 in 2024 to 201,273 in 2025. That is 11,091 more arrests, an increase of roughly 6%. FWD.us calls it the first increase in at least a decade. One outlet notes that framing excludes the incomplete federal reporting period in 2021, so the comparison is cleaner than it might sound.
The racial breakdown is where the story sharpens.
- Possession arrests of Black Americans rose by 9,201, nearly 10%.
- Possession arrests of white Americans rose by 1,571.
- Arrests of other racial groups were largely unchanged.
The limits matter. This is arrest data only. It doesn't tell us whether charges were later dropped, or whether anyone served time. An arrest can mean a night in a cell, a court date, a lost job, or nothing further, and the report can't distinguish among them.
A Gap That Use Rates Don't Explain

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Black Americans made up 45% of all cannabis arrests nationally in 2025, according to figures reported from the report. That's a large share of arrests for a group that is a much smaller share of the population.
The report puts the Black arrest rate at 182 per 100,000 people, against 41 per 100,000 for white people. That works out to more than four times the rate, about 4.4 to 1. Some coverage quotes a line saying nearly five times, but the math doesn't support it, so the four-times figure is the one to use.
Why the gap? The sources point out that marijuana use rates are similar across races. If people use the drug at comparable rates but get arrested at very different ones, behavior can't be the explanation. Enforcement patterns are the more plausible one: where police patrol, which stops they make, and which offenses they choose to pursue.
That fits a long record of disparate marijuana enforcement documented well before legalization spread. The 2025 data adds a recent chapter to it. What it can't do is prove why any individual officer made any individual arrest, and it shouldn't be stretched that far.
Where Arrests Are Rising: States Without Legalization

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The report says the increase is concentrated in states that haven't legalized marijuana, even though recreational or medical use is now legal in 41 states. The rise isn't a national drift. It's a geographic cluster.
Eight southern states accounted for 75% of the increase. Texas, Georgia, Alabama, Mississippi and South Carolina are named among them. The other three need checking against the full FWD.us report, and I won't guess at them here.
FWD.us ties the rise partly to what it describes as supercharged law enforcement funding under the second Trump administration. That is the group's claim, and the data on its own doesn't establish the cause. Funding, state policy and local priorities could each play a role.
For readers, the practical point is plain. Legal status varies sharply by state, and sometimes by county or city. Possession that is lawful in one state can mean handcuffs in another, and medical-only rules differ from adult-use rules. Check your local law before you travel with cannabis or assume a neighboring state's rules apply.
Competing Counts and the Wider Arrest Picture
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Different tallies of the same FBI data won't match exactly. NORML reviewed separate FBI figures and found at least 218,152 marijuana arrests in 2025. Of those, 200,960 were for possession and 17,192 for sales or manufacturing, which puts possession at about 92% of the total.
NORML's possession figure sits slightly below FWD.us's 201,273. A gap that small likely reflects differences in method, such as how each group handles reporting agencies or categories. Neither number is wrong on its face, so each should be attributed to whoever produced it.
Marijuana wasn't the only category moving. Other drug possession arrests rose 3%, from 508,087 in 2024 to 523,520 in 2025. The report links that to rollbacks of decriminalization in some states.
California shows the effect most clearly. After voters passed Proposition 36 in 2024, drug possession arrests there rose by over 14,000 in a single year, the biggest jump of any state.
The broader backdrop is odd. Arrests for low-level offenses such as vagrancy rose, while violent crime, including homicide, fell to historic national lows.
What Federal Rescheduling Does and Doesn't Change
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Federal rescheduling gets plenty of headlines, but its reach here is limited. On April 22, 2026, Acting Attorney General Todd Blanche signed a final order moving FDA-approved marijuana products and state-licensed medical marijuana from Schedule I to Schedule III. Adult-use marijuana stayed in Schedule I.
So the order doesn't by itself end possession arrests. The people being arrested are overwhelmingly not licensed medical patients buying from state-regulated shops.
DOJ also announced an administrative hearing beginning June 29, 2026 to consider broader rescheduling, including adult-use. I couldn't confirm what has happened since. Check the current status before relying on any of this.
One sourcing note: my account of the order comes from a law-firm alert, not an official government page. Confirm it against DOJ or Federal Register records.
Even a full move of all marijuana to Schedule III wouldn't change the main driver. Most possession arrests are made under state law, by state and local police. That is why state-by-state policy shapes these numbers far more than federal scheduling does.
The sharpest takeaway is the mismatch. Use is similar across races, and legalization has spread to 41 states. Yet enforcement in states without legal markets is growing, and it is falling hardest on Black Americans.
Remember where these numbers come from: an advocacy group's analysis of FBI data, relayed through secondary coverage. Read the FWD.us report and the FBI Crime Data Explorer yourself if the details matter to you. And confirm your own state's law, because that, more than any federal order, determines whether possession is a nonissue or an arrest.
Sources
- 2025 policing trend: Fewer serious crimes, more minor arrests
- 2025 policing trend: Fewer serious crimes, more minor arrests
- 2025 policing trend: Fewer serious crimes, more minor arrests
- New Analysis Finds Black Americans Accounted for 83% of Nationwide Increase in Marijuana Arrests
- Black People Accounted For 83% Of Last Year's Increase In U.S. Marijuana Arrests, Report Shows - Marijuana Moment
- Marijuana Arrests Rise Nationally as New FBI Data Reveals Growing Racial Disparities - Kind Green Buds



